Legal Aspects Of Regulatory Treatment Of Banks In Distress
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Legal Aspects of Regulatory Treatment of Banks in Distress by Mr.T. M. C. Asser Pdf
This book analyzes and compares the laws of selected industrial countries that are representative of the different approaches to the treatment of banks in distress. It addresses only those banking and economic policy issues that are required for a proper understanding of the banking law or the legal strategies, procedures, and practices that have evolved in the treatment of banking problems. The book does not cover international aspects of bank insolvency, but rather has a domestic focus, given that bank regulation and supervision are still largely a national endeavor.
Legal Aspects of Banking Regulation by Kenneth Kaoma Mwenda Pdf
Legal aspects of banking regulation: Common law perspectives from Zambiaby Kenneth K Mwenda2010ISBN: 978-0-9814420-7-5Pages: 330Print version: AvailableElectronic version: Free PDF available.
International Monetary Fund. Monetary and Capital Markets Department,International Monetary Fund,World Bank
Author : International Monetary Fund. Monetary and Capital Markets Department,International Monetary Fund,World Bank Publisher : International Monetary Fund Page : 77 pages File Size : 44,9 Mb Release : 2009-04-17 Category : Business & Economics ISBN : 9781498336055
An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency by International Monetary Fund. Monetary and Capital Markets Department,International Monetary Fund,World Bank Pdf
This study provides an overview of the legal, institutional, and regulatory framework that countries should put in place to address cases of bank insolvency. It is primarily intended to inform the work of the staffs of the International Monetary Fund (IMF) and World Bank, and to provide guidance to their member countries.
Managing Risk in the Financial System by John Raymond LaBrosse,Rodrigo Olivares-Caminal,Dalvinder Singh Pdf
Incisive, authoritative and thoughtful, this important and timely collection of papers exploring the unresolved issues left by the recent global financial turmoil, will undoubtedly shape the policy responses to come. Interdisciplinary in approach and wide-ranging in jurisdictional scope, it draws together influential commentators, practitioners and regulators, to create a new milestone in the search for the fundamentals of a more stable global financial system.? - Eva Lomnicka, King?s College London, UK ?This book contains a large number of chapters, nearly 30 in all, by acknowledged experts on various aspects of the recent financial crisis. Whichever aspect of this crisis that may interest you, such as bank taxes, deposit insurance, TBTF and how to respond, cross-border issues, and many, many others, you will find chapters that are both authoritative and stimulating in this collection. The editors are to be congratulated not only in their selection of authors but also in the speed with which they have taken them from conference presentation to book chapter.? - Charles Goodhart, London School of Economics, UK Managing Risk in the Financial System makes important and timely contributions to our knowledge and understanding of banking law, financial institution restructuring and related considerations, through the production of an innovative, international and interdisciplinary set of contributions which link law and policy issues surrounding systemic risk and crisis management. The recent financial crisis has exposed both the banking industry and financial system safety net players in many countries to a considerable level of distress as well as economic and reputational damage. These circumstances have heightened the need for policymakers to consider remedial measures under a broad umbrella that encompass inter alia prompt corrective actions, early closure of distressed entities, deposit insurance, bail-outs, state-aid, bank resolution and restructuring techniques. These essays provide an important contribution to research in this area, at a crucial time in the debate around the future financial industry. Contributors
Principles of Banking Law by Ross Cranston,Emilios Avgouleas,Kristin van Zwieten,Christopher Hare,Theodor Van Sante Pdf
This third edition of the Principles of Banking Law provides an authoritative treatment of both domestic and international banking law. This edition contains expanded coverage of developments in other comparable jurisdictions, internet banking services and money laundering.
Research Handbook on Crisis Management in the Banking Sector by Matthias Haentjens,Bob Wessels Pdf
In this timely Handbook, over 30 prominent academics, practitioners and regulators from across the globe provide in-depth insights into an area of law that the recent global financial crisis has placed in the spotlight: bank insolvency law. Research Handbook on Crisis Management in the Banking Sector discusses the rules that govern a bank insolvency from the perspectives of the various parties that are affected by these rules. Thus, whilst many bank insolvency rules have been enacted only recently and their application is still clouded by a host of uncertainties, this book takes the perspectives of the relevant authorities, of the bank and of the bank’s counterparties. Providing a comprehensive approach to crisis management in the banking sector, this Handbook will prove a valuable resource for academics, postgraduate students, practitioners and international policymakers.
The Economics of Bank Bankruptcy Law by Matej Marinč,Razvan Vlahu Pdf
This book shows that a special bank bankruptcy regime is desirable for the efficient restructuring and/or liquidation of distressed banks. It explores in detail both the principal features of corporate bankruptcy law and the specific characteristics of banks including the importance of public confidence, negative externalities of bank failures, fragmented regulatory framework, bank opaqueness, and the related asset-substitution problem and liquidity provision. These features distinguish banks from other corporations and are largely neglected in corporate bankruptcy law. The authors, an assistant professor for money and finance and a research economist at the Dutch Central Bank, propose changes in both prudential regulation and reorganization policies that should allow regulators and banking authorities to better mitigate disruptions in the financial system and minimize the social costs of bank failures. Their recommendations are complemented by a discussion of bank failures from the 2007–2009 financial crisis.
Research Handbook on Corporate Restructuring by Omar, Paul J.,Gant, Jennifer L.L. Pdf
This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.
Legal Challenges in the Global Financial Crisis by Wolf-Georg Ringe,Peter M Huber Pdf
The global financial and economic crisis which started in 2008 has had devastating effects around the globe. It has caused a rethinking in different areas of law, and posed new challenges to regulators and private actors alike. One of the emerging issues is the apparent eclipse of boundaries between different legal disciplines: financial and corporate lawyers have to learn how public law instruments can complement their traditional governance tools; conversely, public lawyers have had to come to understand the specificities of the financial markets they intend to regulate.While commentary on financial regulation and the global financial crisis abounds, it tends to remain within disciplinary boundaries. This volume not only brings together scholarship from different areas of law (constitutional and administrative law, EU law, financial law and regulation), but also from a variety of backgrounds (academia, practice, policy-making) and a number of different jurisdictions.The volume illustrates how interdisciplinary scholarship belongs at the centre of any discussion of the economic crisis, and indeed regulation theory more generally. This is a timely exploration of cutting-edge issues of financial regulation.
Author : International Monetary Fund Publisher : International Monetary Fund Page : 88 pages File Size : 50,6 Mb Release : 2014-12-22 Category : Business & Economics ISBN : 9781498342438
From Banking to Sovereign Stress - Implications For Public Debt by International Monetary Fund Pdf
This paper explores how banking sector developments and characteristics influence the propagation of risks from the banking sector to sovereign debt, including how they affect the extent of fiscal costs of banking crises when those occur. It then proposes practices and policies for the fiscal authorities to help manage the risks and enhance crisis preparedness.
Recognition of Foreign Bank Resolution Actions by Guo, Shuai Pdf
This timely book offers a comprehensive study of the mechanism that gives effect to foreign bank resolution actions. In particular, it focuses on how the legal framework for the recognition of foreign bank resolution actions should be structured and proposes detailed legal principles on which effective frameworks should be based.
Banking and Micro-finance Regulation and Supervision by Kenneth Kaoma Mwenda Pdf
This book examines contemporary legal and policy issues facing banking and micro-finance supervision and regulation in Zambia. The book sets out an interdisciplinary exposition of the law. It provides an interface of financial services law and practice. Relevant aspects of business management and economic theory are examined as well. The book attempts to permeate intellectual spheres that have not been explored in depth before. In essence, this is not a simple textbook on the introductory aspects of a particular field of law, as is often the case with many books that have titles such as "Introduction to Business Law" or "Fundamentals of Tort Law", and so forth. By contrast, the book breaks new ground in the area of financial services regulation. Indeed, a law in context approach is presented, giving added value to the field of knowledge in the book.
Banks, Consumers and Regulation by Peter Cartwright Pdf
Recent developments in law, public policy, and regulation have ensured that questions regarding the relationship between banks and their customers have seldom been out of the spotlight. This important book provides a timely, original, and critical examination of the role of the law in regulating banks in the interests of the consumer. The work examines the social and economic rationales for, and the objectives of banking regulation. In so doing, it focuses on the crucial role of regulation in the protection of the consumer. The book then provides a critical appraisal of the principal techniques by which regulation is delivered and protection ensured. Such techniques include prior approval by licensing, continued supervision, and information remedies such as disclosure. The work also looks at how the law protects depositors of insolvent banks through financial compensation schemes, and how it provides consumer redress through mechanisms for ensuring access to justice, in particular ombudsmen. Finally, the book looks at the topical question of consumer access to banking services, and considers the extent to which the law can justify placing social obligations on banks in the consumer interest. This is the first monograph to examine these important topics in this way.